Copyright 2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright © 2000 McGraw-Hill Australia This is the prescribed textbook for your course. Available NOW at your campus bookstore!
Copyright 2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Intellectual property Chapter 17
Copyright 2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright © 2000 McGraw-Hill Australia 17-2 Copyright Copyright - The right to prevent the unauthorised reproduction by a third party of the tangible form in which a person has chosen to express his ideas. Statute - Copyright Act 1968 (Cwlth) Substance of Statute - Protects expressions of ideas (not the idea itself).
Copyright 2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright © 2000 McGraw-Hill Australia 17-3 Copyright Subject Matter CATEGORIES ORIGINAL WORKSOTHER THAN WORKS Literary Sound recordings Musical Films Dramatic Published editions Artistic of works
Copyright 2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright © 2000 McGraw-Hill Australia 17-4 Examples Dramatic Work - Ballet Artistic Works - Paintings - Sculptures - Drawings
Copyright 2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright © 2000 McGraw-Hill Australia 17-5 Ownership of copyright Author - Employer, where author under contract of service or apprenticeship - Person who commissions and pays for work - Maker of sound recording or film
Copyright 2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright © 2000 McGraw-Hill Australia 17-6 Duration of protection Published work (i.e. supplied to public) - 50 years after death of owner Unpublished work - 50 years after publication for first time
Copyright 2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright © 2000 McGraw-Hill Australia 17-7 Infringement of copyright Original Works - By person performing any of the various acts in respect of the work without authorisation or consent of owner of copyright. Eg.* Reproduction (i.e. copying) in a material form the whole or substantial part of a literary, dramatic, musical or artistic work. * Importing copies of an original work for sale, hire, exhibition or distribution. * Performance of a work in public, or broadcasting of a work without consent of the owner.
Copyright 2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright © 2000 McGraw-Hill Australia 17-8 Defences to infringement of copyright Use of insubstantial parts Fair dealing - research or study - criticism or review - reporting of news - giving of professional advice by a legal practitioner or a patent attorney Educational copying - if adequate records maintained to enable compensation to owner of copyright Public readings Performances at home Copyright work in libraries Incidental appearances of artistic work in films or television broadcasts
Copyright 2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright © 2000 McGraw-Hill Australia 17-9 Remedies for infringement of copyright Injunction Damages e.g. Loss sustained Account of profits Torts of conversion and detinue - Anton Pillar Order
Copyright 2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright © 2000 McGraw-Hill Australia Copyright Tribunal The Copyright Tribunal is authorised to hold an inquiry into matters relating to copyright.
Copyright 2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright © 2000 McGraw-Hill Australia Copyright Amendment (Moral Rights) Act 2000 (Cwlth) Rights of Attribution and Integrity (Moral Rights): for authors of literary, dramatic, musical, or artistic works. for directors and producers of cinematographic film covering the right of attribution (right created identified) the right not to have works falsely attributed (creator has right to prevent others claiming work) the right of integrity (right to protect work from derogatory treatment)
Copyright 2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright © 2000 McGraw-Hill Australia Copyright Amendment (Moral Rights) Act 2000 (Cwlth) Defence: Reasonableness Remedies: Damages Injunction Public Apology Order Remove the infringement Reverse the infringement
Copyright 2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright © 2000 McGraw-Hill Australia Copyright Amendment (Digital) Agenda Act 2000 (Cwlth) Purpose: To extend copyright law protection into the electronic environment.
Copyright 2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright © 2000 McGraw-Hill Australia Designs Statute - Designs Act 1906 (Cwlth) Substance of Statute - Protection for the visual forms of articles that can be produced. Subject Matter - Featuring a shape, configuration pattern or ornamentation - Manufactured - Observable - New or original Examples - Building Materials - Jewellery - Cutlery
Copyright 2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright © 2000 McGraw-Hill Australia Duration of protection Registration for one year May be extended to six years May be extended twice more by five years
Copyright 2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright © 2000 McGraw-Hill Australia Infringement of designs Importing, producing or selling an article of similar design, without consent of the owner.
Copyright 2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright © 2000 McGraw-Hill Australia Trade marks Statute: Trade Marks Act 1995 (Cwlth) Substance of Statute: Enables providers of goods and services to distinguish their goods and services. Subject Matter: Any combination of: - letter- brand- word - heading - name - label - signature- ticket - numeral - device - shape - colour - sound - scent- aspect of packaging Examples: Deodorants Air freshener sprays Brand names Logos
Copyright 2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright © 2000 McGraw-Hill Australia Registration of trade marks Register maintained at Trade Marks Office.
Copyright 2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright © 2000 McGraw-Hill Australia Types of trade marks Distinguishing trade marks Certification of trade marks Defensive trade marks Collective trade marks
Copyright 2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright © 2000 McGraw-Hill Australia Duration of protection Initially for ten years, then renewed indefinitely for successive periods of ten years.
Copyright 2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright © 2000 McGraw-Hill Australia Objective of trade marks Protect goodwill associated with trade mark Exclusive rights to use trade mark Asset included in business valuation May assist with franchising and licensing
Copyright 2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright © 2000 McGraw-Hill Australia Infringement of trade marks Use mark similar to registered trade mark, in order to deceive. Tort of passing off.
Copyright 2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright © 2000 McGraw-Hill Australia Remedies for infringement of trade marks Injunction Damages - Loss sustained - Account for profits
Copyright 2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright © 2000 McGraw-Hill Australia Patents Statute: Patents Act 1990 (Cwlth) Patents Cooperation Treaty 1970 Substance of Statute: An inventor has the sole and exclusive right to exploit and to authorise another to exploit an invention. Subject Matter: Involves - a manner of manufacturing - novelty - practical use Examples: Inventions - Machines - Drugs - Processes - Treatments
Copyright 2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright © 2000 McGraw-Hill Australia Application for patent Application for patents through Patents Office. Prerequisites - Disclosure - Prove application meets the requirement of being ‘novel’ - Tested against publications (written, oral or in use) anywhere in the world
Copyright 2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright © 2000 McGraw-Hill Australia Duration of protection Petty Patent: Initially for twelve months, extended up to six years. Innovation Patent: Replacement of Petty Patent for a maximum of eight years. Standard Patent: Twenty years.
Copyright 2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright © 2000 McGraw-Hill Australia Infringement of patents If invention is copied by manufacturing or supplying goods whose use would infringe the patent.
Copyright 2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright © 2000 McGraw-Hill Australia Defences to infringement of patents At date of infringement, defendant was not aware of existence of patent.
Copyright 2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright © 2000 McGraw-Hill Australia Remedies for infringement of patents Injunction Damages - Loss sustained - Account for profits
Copyright 2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright © 2000 McGraw-Hill Australia Tort of passing off Person seeks to pass their own goods or services off as the product of a more successful competitor.
Copyright 2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright © 2000 McGraw-Hill Australia Elements of tort of passing off Misrepresentation is made. Misrepresentation is made by a trader in the course of trade. Misrepresentation is made to prospective customers of the trader, or ultimate customers of goods or services supplied by the trader. Misrepresentation is calculated at injuring the business or goodwill of another trader. Misrepresentation must cause actual damage to the business or goodwill of the trader who is suing.
Copyright 2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright © 2000 McGraw-Hill Australia Confidential information (common law) Substance: Restrains a person from using confidential information obtained from another, when they do not have the consent of the other party. Subject Matter: - Information has nature of being confidential - Information received in circumstances where obligation of confidence is expressed or implied - Information communicated to a third person without permission Examples: Trade Secrets Government Information
Copyright 2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright © 2000 McGraw-Hill Australia Remedies for infringement of confidential information Injunction Anton Pillar Damages